3.9.2 Behaviour Management and the use of Physical Intervention in Croydon's Children's Homes

All children`s homes are required to adhere in every respect to the National Minimum Standards and Regulations for Children`s Homes 2002 (Care Standards Act 2000) known as `the NMS`.

In relation to this policy and guidance document's focus on the positive management of behaviour, the following Minimum Standards apply:

NMS Standard 21: Relationship with Children. Outcome: 'Children enjoy sound relationships with staff based on honesty and mutual respect'.

NMS Standard 22: Behaviour Management. Outcome: 'Children are assisted to develop socially acceptable behaviour through encouragement of acceptable behaviour and constructive staff response to inappropriate behaviour'.

These standards, and indeed all childcare practice, should also be considered in the context of the Human Rights Act (1998), and the United Nations Convention on the Rights of the Child (1991).

All residential childcare staff members are expected to be familiar with these standards and regulations and how they are applied in practice, including the prohibited sanctions listed in Regulation 17 of the NMS.

Each home should have easily accessible printed copies of the National Minimum Standards and this Policy and Guidance for reference.

Permitted Measures and Sanctions

Positive relationships between staff and children will include clarity around expected standards of behaviour: 'what`s OK` and `what`s not`. Each member of staff will have their own tolerances and personal `triggers` when supervising youngsters who routinely test boundaries. It is expected that they work in a calm, measured and educative way to manage these behaviours and that the methods they use to address them are consistent with the home`s agreed approach.

Where it is necessary to set sanctions, these should be proportionate, taking account of the child's personal risk assessment and be carefully considered. Every effort should be made to negotiate an outcome that avoids escalation, is realistic, enforceable in practice and doesn't result in the child (or colleagues who may be required to carry out the sanction) being `set up to fail`.

The following measures are approved:

• Reparation/Restitution: making a financial or other agreed contribution to make amends for damage or loss of other's property. Repaying misspent monies e.g. where monies have been given for a specific purpose and were not used for that purpose - if necessary by installments which do not exceed 66% of the child/YP`s weekly allowance.
• Delaying delivery of personal allowance:  as a proportionate response to: returning later than the agreed time, deliberately missed appointments, refusal to vacate others` bedrooms, causing nuisance and disruption - including after bedtime. (This should be in the clear context of the agreed times allowances are delivered; for example: if allowances are available between 9am and 5pm and the accrued delays would involve delivering the allowances outside these times, they would be paid from 9am onward the following day).
• Extra household chores: where household chores and tasks are part of the home`s routines, additional time spent on these activities as a component of reparation / restitution.
• Exclusion from activities: as an individual, not group, sanction for unacceptable behaviour: `missing a treat`.
• Temporary withdrawal from the group: as a response to disruptive / inappropriate behaviours which cause nuisance to others e.g. acting - out at mealtimes, interrupting others` study / leisure time. This would usually include the allocation of a worker to talk the issue through and reach an agreement re: expected standards of behaviour, with a view to `re-introducing` the child at the earliest opportunity. Enforced isolation and measures such as requiring a child to routinely take meals or leisure activities separately are not permitted.
• Temporary removal of possessions: in circumstances such as refusal to reduce the volume of stereos, games consoles and personal music and media devices e.g. iPods and mobile phones. This should be time-limited and followed up with agreements re: acceptable future use.
• Reg 17(6)(a): `the taking of any action by, or in accordance with the instructions of, a registered medical practitioner or a registered dental practitioner which is necessary to protect the health of the child; Working in partnership requires liaison and agreed decisions on who assumes responsibility for ensuring the health needs of children and young people are promptly met, in line with professional advice. Delays in meeting these needs are unacceptable and should be addressed as a matter of urgency.
• Reg 17(6)(b): `the taking of any action immediately necessary to prevent injury to any person or serious damage to property...` emergency / `life and limb` measures to protect the child and premises from danger.
• Reg 17(6)(c): the imposition of a requirement that a child wear distinctive clothing for sporting purposes, or for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities`: this is to differentiate between the prohibited measure of making children wear unusual or distinctive clothing as a punishment and the expectation that participants in uniformed groups abide by the dress code.
• The use of physical intervention: Many of the children and young people we care for may have experienced poor parenting, abusive actions and repeated rejection which, when linked their age and understanding, may present as challenging behaviour requiring a proportionate response. In the case of Calleydown`s service users, there may be patterns of established behaviour associated with their disabilities which are being addressed through programmes at school and within the family.

These behaviours may include: aggression and violence to self and others and serious damage to property - which are the 'threshold' for physical intervention / restraint:

NMS Standard 22.7: `Physical restraint is only used to prevent likely injury to the child concerned or to others, or likely serious damage to property. Restraint is not used as a punishment, as a means to enforce compliance with instructions, or in response to challenging behaviour which does not give rise to reasonable expectation of injury to someone or serious damage to property.'

It is acknowledged that children may present challenging and disruptive behaviour below this threshold, which must be addressed proportionately by the staff teams e.g. refusing to leave another child's bedroom or the home`s office when requested. This may necessitate the use of physical contact such as 'guiding' a child by the use of 'escort hold' from the area after due warning and the opportunity to exit without physical intervention. Any such actions should be regarded as a Physical Intervention and recorded as such.

Croydon CYPL recognises the importance of agreed approaches designed to encourage positive behaviour and to manage unacceptable behaviour safely and ethically, through the use of taught techniques specifically designed to minimise the risk of injury.

Our positive behaviour management training provider will be British Institute of Learning Disabilities ('BILD') accredited and  will provide CYPL residential workers with a tailored programme consisting of an induction / foundation course and annual `refresher` training to ensure that all staff are aware of best practice standards.

Prohibited Measures and Sanctions

Regulation 17(5) of the NMS prohibits all of the following measures:

• Any form of corporal punishment: the use of physical force as a punishment or to ensure compliance, including fighting - as opposed to proportionate measures of self defence - or physical contact conducted in an intimidatory manner.
• Any punishment relating to the consumption or deprivation of food and drink: denying food and drink which would normally be available, as a punitive measure. Equally, forcing children to consume food and drink that they do not like. Exceptions are: where certain foods are withheld on medical advice (which should be appropriately recorded with alternatives provided) and where children have deliberately missed mealtimes and demand food and drink on an `ad hoc` basis which would undermine the routines of the home.
• Any restriction on contact with family or friends: children are encouraged to maintain contact with their families and social networks unless there are legal or compelling reasons - which should be specified in planning documents.
• Wearing distinctive or inappropriate clothing: requiring a child to wear items of clothing, or any other signifier, that distinguishes them from their peers and indicates that they are being punished.
• The use or withholding of medication or medical or dental treatment: there are no circumstances where denying or forcing medical treatment can be justified.
• The intentional deprivation of sleep: using sleep deprivation as a punishment is unacceptable. However, the reasonable expectation that children are awake and ready to attend school or other appointments punctually is part of good parenting and each home`s established routines. This is a baseline expectation. Where strategies are required to address behaviours such as young people returning from overnight absences and sleeping during the day, these should be discussed with all concerned and a consistent approach agreed.
• The use of fines other than reparation / restitution: setting financial penalties is different from reparation / restitution and is not acceptable. Fines set by the courts must be paid and plans to ensure that this is followed through should be agreed.
• Any intimate physical examination: please see RRS `Guidance on service users` privacy and confidentiality re: searching a child`s person and possessions`.
• The withholding of any aids or equipment needed by a disabled child: to withhold the use of equipment for reasons of limiting a child's independence is abusive and unacceptable. There may however be legitimate reasons for believing that the type of equipment a child is using could raise issues of safety and in such cases a risk assessment, full discussion of the findings and amendment to the Care Plan and Placement Plan/Placement Information Record may be necessary.
• Involving children in the punishment of their peers:  seeking or encouraging the involvement of children in enforcing rules or the staff`s wishes, or colluding when this is known to be happening, are unacceptable practices. Please see the Countering Bullying Procedure.
• Punishing the group for the behaviour of an individual: this is a form of institutionalised bullying and scapegoating, and is never acceptable.

NMS Standard 2: Placement Plans. Outcome: `Children have their needs assessed effectively and comprehensively, and written placement plans outline how these needs will be met and are implemented. Children in the home are appropriately placed there`.

The importance of clear planning and recording cannot be overstated. It is the basis on which we determine how we meet children`s needs and the evidence of our performance in doing so.

The term `placement plan` in the NMS should be regarded as a broad description of all documents and formats in use to ensure that each child`s needs are described and that approaches to meeting these needs are specified in line with each home`s Statement of Purpose.

Each Looked After Child will be supported by a residential Linkworker, who will have day-to-day responsibility for ensuring that case files and recordings in the home are maintained to the standards detailed in the RRS Monthly File Audit procedure.

Recording at Alverston Gardens, Kempfield and Mickleham Way Children`s Homes: Residential Resource Services

Each child will have in his or her case file:

• A CYPL Placement Agreement which includes a personalised Risk Assessment, updated as necessary and drawing upon all available information, including:
• Placement Information Record.
• Copies of all Looked After Reviews, Progress Meetings and any Section 47 Enquiries.
• Summaries of previous placements
• School / education reports
• Where applicable, any Statement of Special Educational Needs, medical opinion / diagnosis and details of involvement by related professionals e.g. CAMHS, Designated Nurse for Looked After Children.
• Daily Diary Sheets, cross-referenced where necessary to: Record of Medication/Medical Treatment form, Significant Event form, Record of Sanctions and Controls, Record of Physical Restraint, Regulation 30 Reporting form (if relevant), copies of any Missing Persons notifications, record of complaints and suggestions made by the child
• Copies of the Linkworker`s monthly Progress Reports. These will have been shared with the child, who will have had the opportunity to read and comment on their content before they are forwarded, signing to indicate that they have done so.
• Contact details for local advocacy services - which should also be displayed in communal spaces in the home.

Recording at Calleydown Home: Services for Children with Disabilities

Calleydown`s purpose as a home offering respite / `short breaks` means that most service users will not be Looked After on a continuing basis.

Where Calleydown offers a service to a Looked After Child, the same forms and recordings as those detailed above for Residential Resource Services` homes are essential.

NB: Where a child has been placed at Calleydown on an emergency basis, LACS records will be required, irrespective of status.

Children referred will have the following `Calleydown - specific` items in their case files:

• Information Booklet; jointly completed by CWD, parents / carers and the child's school.
• Essential Information Sheet.
• Violence Management: Audit of Incidents of Aggression.
• Medicines procedure.

Other recordings contributing to the child's case file will be as per the RRS homes: Daily Diary Sheets, cross-referenced where necessary to:  Significant Event form, Record of Sanctions and Controls, Record of Physical Restraint, Regulation 30 Reporting form (if relevant), copies of any Missing Persons notifications, record of complaints and suggestions made by the child /YP.

Accident Investigation and Reporting Policies

All employers have a legal responsibility to ensure that incidents and occurrences that give rise to health and safety concerns are promptly recorded and investigated. This will include: accidents or incidents involving employees and non-employees e.g. children.  Please see the Human Resources website for detailed guidance on the process.

Staff Support and Counselling

It is recognised that residential work can be stressful and emotionally demanding. The role of supervision and support in acknowledging these challenges and developing strategies to counter them is central to good practice and duty of care to children and our staff teams.

All staff members have access to a free counselling service. These sessions are confidential, with a trained counsellor, and no report of any kind is shared with Occupational Health, HR or line management. See the HR website.

Assaults on Staff

Violence, aggressive behaviour and harassment can never be regarded as acceptable, whatever the circumstances. There may be occasions when staff are assaulted and will consider contacting the Police to press charges. This is a decision that can only be made by the individual and the CYPL will support staff through this process if requested to do so.

Many residential workers feel a sense of conflict and reluctance when considering this option. Whatever their decision, line management should discretely ensure that individuals receive understanding and appropriate support and that line management liaises closely with HR.

The Crown Prosecution Service ('CPS') evaluates all proposed prosecutions of Looked After Children for offences committed within children's homes, using the `10 point checklist for offences in children's homes' which asks the following questions:

NB: Number 1: the `disciplinary policy` is the CYPL Positive Behaviour Management guidance document.

This checklist and supporting guidance, which is held by the manger of each home, should be carefully considered and discussed as widely as possible before any decision to proceed is made. A copy of this policy with an accompanying statement by the home detailing how it has been applied, should accompany any request for advice or charging.

Allegations by Children

Where staff work closely with children and may be required on occasion to physically intervene, there is always a possibility of complaints being made against them. It is a management responsibility to ensure that all complaints and allegations are fully investigated under the Safeguarding procedures as set out in the London Child Protection Procedures (accessible via button on the left hand side of the page.) In particular please see the Quick Referral Flowchart in the London Child Protection Procedures.

Many of the children and young people we look after may have experienced sexual and related abuse and remain susceptible to continuing harm, engaging in risk taking behaviours such as continued association with offenders and absconsions.

For further details see Safeguarding Children Abused Through Sexual Exploitation in the London Child Protection Procedures